Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - With respect to the offence of dishonour of cheques, it is the compensatory aspect of the remedy which should be given priority over the punitive aspect...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Multiple complaints relatable to the same transaction - It is mandatory for the complainant to disclose that no other complaint has been filed in any other court in respect of the same transaction - Such a disclosure should be made in a sworn affidavit which should accompany the complaint - If it is..........
Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compounding of offence under Negotiable Instruments Act is controlled by S.147 of NI Act and scheme contemplated by S.320 Cr.P.C. is not applicable as it is meant for specified offence under the Indian Penal Code...........
Negotiable Instruments Act, 1881, Section 147, 138 -- Dishonour of cheque - Compounding of offence - Provision of S.147 of the Act does not bar the parties from compounding an offence u/s 138 of the Act even at the appellate stage of the proceedings...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Liability of Directors, officials or partners - Held, in respect of Director, partner or official who signed the cheque, it is not mandatory to aver that he was in charge and responsible to the company for conduct or business of the company - He becomes automatically liable and for such..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Quashing of complaint on the ground that mandate of S.141 of the Act not complied with - Held, while deciding a petition u/s 482 of the Code, Court cannot insist the complainant to produce documents to substantiate his case - Being the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Police complaint - Giving a complaint to the police and registering a case for the offence u/s 138 of the Act is not contemplated under the Act...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Offence u/s 138 NI Act and u/s 420 IPC - Police complaint - Absence of fraudulent intention on the date of issuing the cheque - Ingredients of S.420 IPC not made out - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint signed by lady as proprietor of firm - Statutory notice issued by her - Her Power of Attorney examined himself on behalf of her principal deposed that he was given power only for prosecuting complaint - Power of Attorney holder, neither has any personal knowledge of entire transaction,..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint dismissed for non-prosecution - Thereafter second complaint filed which was beyond period of limitation - Held, bar of limitation is mandatory - Order of cognizance in second complaint hit by bar of limitation...........
